General terms and conditions

Article 1. Definitions

In these Terms and Conditions, the following terms shall have the following meanings:

ADE: Aqua Star Network, operating atmosdive.eu under the name Atmos Dive Europe, as identified in Article 2.

The Contract: a contract concluded between ADE and the Customer whether or not it is direct sales or in the framework of an organised system for distance selling of products, digital content and/or services, where up until the conclusion of the contract, solely or partly one or more techniques of distance communication is used;

Cooling-Off Period: for goods, the period of 14 days after receipt of the product, as described in Article 10, during which the Customer may exercise the right of withdrawal.

Customer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities;

Day: calendar day;

Digital content: data produced and delivered in digital form;

Right of withdrawal: the Customer’s option to withdraw from the Contract within the Cooling off period.

Standard form for withdrawal: the optional model withdrawal form included at the end of these terms. An unambiguous statement by email is also sufficient.

Article 2. ATMOS (ADE)

Atmos Dive Europe is operated by Aqua Star Network, registered with the Dutch Chamber of Commerce under number 74803565. VAT number: NL860032437B01.

Address: A. Hofmanweg 1-B11

2031 BH Haarlem

The Netherlands

Postbus 1007

2001 BA Haarlem

The Netherlands

E-mail: atmos@divebrandseurope.com

Article 3. Applicability

  1. These General Terms and Conditions (GTC) apply to all offers from ADE to the Customer and to any contract concluded between ADE and the Customer whether concluded through electronic ways or otherwise.
  2. ADE shall provide the Customer with these GTC together with the offer free of charge. These GTC can also be found on and downloaded from the website of ADE, atmosdive.eu.
  3. We may update these terms. The version accepted when an order is placed applies to that order.

Article 4. The Contract

  1. The offer shall contain a full and accurate description of the products, digital content or services offered and will specify the period for which the offer is valid. It will also clearly state the Customers rights and obligations once accepting the offer. Should specific conditions apply these will be mentioned in the offer. Obvious error or mistakes in the offer will not bind ADE.
  2. The Contract between the Customer and ADE will be effective as of the moment the Customer has accepted the offer and fulfilled the terms and conditions set.
  3. ADE shall promptly confirm receipt of acceptance of the offer by the Customer. As long as the Customer has not received such receipt, he will be entitled to cancel the Contract.
  4. If the Contract is concluded electronically, ADE will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the Customer can pay electronically, ADE shall observe appropriate security measures.
  5. ADE may, within statutory framework, obtain information about the Customers ability to fulfil his payment obligations, and all facts and factors relevant to responsible conclusion of the Contract. If, acting on the results of this investigation, ADE has proper grounds for not concluding the Contract, ADE has the right to reject an order or request, supported by reasons, or to attach special terms to the execution of the Contract.

Article 5. The price

  1. For the period that the offer is valid, the prices of the products and/or services offered shall not increase, subject to changes in prices due to changes in VAT rates.
  2. All prices mentioned in the offer are including VAT.

Article 6. Payment

  1. Unless otherwise agreed upon in the Contract or in additional conditions, the amounts to be paid by the Customer must be settled within 14 days after the start of the Cooling-Off Period, or if there is no Cooling-Off Period within 14 days after concluding the Contract. In case of a Contract with respect to providing services, this period starts on the day that the Customer has received the confirmation of the Contract.
  2. The Customer has the duty to promptly inform ADE of possible inaccuracies in the payment details that were given or specified.
  3. In case the Customer has not complied with his payment obligation(s) in time, and ADE has informed the Customer of the late payment, and allowed the Customer a further period of 14 days to comply with the payment obligations, the Customer is obliged to pay the statutory interest on the amount payable and ADE is entitled to charge the Customer with any extrajudicial collection costs. These extrajudicial collection costs amount to no more than 15% for outstanding amounts up to € 2,500.= 10% for the following € 2,500.= and 5% for the following € 5,000.=, with a minimum of € 40.

Article 7. Delivery

  1. ADE shall use its best efforts when taking orders and executing these orders.
  2. The place of delivery is the address provided to ADE by the Customer.
  3. ADE shall execute accepted offers as soon as possible but at least within 30 days of acceptance, unless another delivery period has been agreed upon.
  4. If delivery has been delayed, or if an order cannot be executed or can be executed only partially, the Customer shall be informed about this within 30 days after ordering. In such cases, the Customer is entitled to cancel the Contract free of charge.
  5. After cancellation because of non-delivery, we reimburse the amounts paid without undue delay.
  6. The risk of loss of and/or damage to products will be borne by ADE until delivery to the Customer.

Article 8. Performance of a Contract and standard guarantee

  1. ADE guarantees that the products and/or services comply with the Contract, the specifications listed in the offer and with the existing statutory provisions and/or government regulations, on the day the Contract was concluded.

Article 9 Additional manufacturer warranty

Any ATMOS manufacturer warranty is additional to the legal guarantee against the seller and does not replace or reduce statutory rights. Products must conform to the contract. EU consumers have a minimum two-year legal guarantee, and national law may provide longer protection. Contact us about defects or non-conformity. Any applicable repair or replacement must be provided without the costs that the law requires the seller to bear.

Article 10. Right of withdrawal

  1. Within the Cooling-Off Period of 14 days, the Customer can withdraw from the Contract without giving reasons. ADE may ask the Customer for the reasons for withdrawal but the Customer is under no obligation to state such reasons.
  2. Start of the Cooling-Off Period:
    1. The Cooling-Off Period with respect to the delivery of products starts:
      1. on the day the product has been received by the Customer or by a third party appointed by him in advance and who is not the carrier: or
      2. if the Customer ordered several products in the same order: the day on which the Customer or a third party appointed by him received the last product. ADE may refuse an order of several products with different delivery dates provided that he clearly informs the Customer prior to the order process;
      3. if the delivery of a product consists of several deliveries or parts: the day on which the Customer or a third party appointed by him received the last delivery or the last part.
    2. The Cooling-Off Period for services or digital content that is not delivered on a physical carrier starts on the day following the conclusion of the Contract.

Article 11.Customer’s obligations during the Cooling-Off Period

  1. During the Cooling-Off Period, the Customer shall handle the product and the packaging with care. The Customer shall only unpack or use the product to the extent necessary to assess the nature, the characteristics and the effect of the product. The Customer may only handle and inspect the product in the manner in which one is allowed to handle a product in a shop.
  2. The Customer is liable for the devaluation of the product that is the consequence of handling the product other then allowed in sub-section 1.

Article 12. Exercising the Customer’s right of withdrawal and the costs

  1. To withdraw, the Customer must inform ADE before the withdrawal period expires, by email or another unambiguous statement. Use of the model withdrawal form is optional.
  2. The Customer shall return the product to ADE as soon as possible but within 14 days counting from the day following the withdrawal.
  3. The Customer shall return the product with all relevant accessories and if reasonably possible in the original state and packing and in accordance with reasonable and clear instructions given by ADE.
  4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal rest upon the Customer.
  5. The Customer shall bear the direct costs of returning the product, unless ADE has expressly indicated to bear such costs himself.

Article 13. ADE’s obligations in case of withdrawal

  1. ADE shall promptly send a notification of receipt of withdrawal to the Customer.
  2. ADE reimburses all payments received for a fully withdrawn order, including the least expensive standard delivery charge, without undue delay and no later than 14 days after notification of withdrawal. Additional costs for a more expensive delivery option are not reimbursed. ADE may withhold reimbursement until the goods are received or proof of return dispatch is provided, whichever occurs first.
  3. For reimbursement as mentioned hereinabove, ADE shall use of the same method of payment as the Customer used, unless the Customer consents to another method. The reimbursement is free of charge for the Customer.

Article 14. Exclusion of the right of withdrawal

For the following products the Customer shall not be entitled to withdrawal:

  1. Contracts for services, after full performance of the service, but only if
    1. the performance started with the Customer’s explicit prior consent; and
    2. ADE stated that the Customer will lose his right of withdrawal as soon as ADE has fully performed the services.
  2. Products manufactured in accordance with the Customer’s specifications which are not prefabricated and which are produced on the basis of a Customer’s individual choice or decision or which are intended for a specific person.
  3. Sealed products which are for, including but not limited, health or hygiene reasons not suitable for being returned and of which the seal has been broken.
  4. The delivery of digital content other than on a physical carrier, but only if
    1. the performance has started with the Customer’s explicit prior consent;
    2. ADE stated that the Customer will lose his right of withdrawal by doing so.

Article 15. Complaints procedure

  1. Defects of the products or complaints about the services or digital content shall be submitted fully and clearly described to ADE within a reasonable time after the Customer has discovered such defects.
  2. ADE shall reply to the Customer with respect to the complaint within a period of 14 days after receipt of such complaint.
  3. If the complaint cannot be solved in joint consultation within a reasonable time or within 3 months after submitting the complaint, there will be a dispute that is open to the dispute settlement rules.

Article 16. Disputes

  1. Dutch law governs these contracts without depriving consumers of mandatory protections under the law of their country of habitual residence. The competent courts are determined by applicable consumer jurisdiction rules; these terms do not impose an exclusive court that restricts mandatory consumer rights.

Model withdrawal form

To Aqua Star Network, Atmos Dive Europe, A. Hofmanweg 1-B11, 2031 BH Haarlem, The Netherlands, atmos@divebrandseurope.com:
I or we hereby give notice that I or we withdraw from the contract of sale for the following goods:
Goods and order number:
Ordered on and received on:
Consumer name:
Consumer address:
Date:
Signature, only if this form is submitted on paper.